2019-10-28 Council Work Session packetCITY OF MENDOTA HEIGHTS CITY
COUNCIL WORK SESSION
AGENDA
October 28, 2019
4:00 pm
Mendota Heights City Hall
1) Call to Order
2) Discussion Items
a) Code Amendment-Floor Area Ratio (FAR) Standards in Industrial District
b) Discuss revisions to Ordinance regarding domestic chickens
c) Discuss Ordinance regarding the temporary keeping of goats for grazing
3) Other Business
4) Adjourn
City Council Workshop Memo
MEETING DATE: October 28, 2019
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Discuss Draft Ordinance No. 545 – Amending Title 12, Article G. I Industrial
District, Chapter 1 General Provisions Regarding Floor Area Ratio (FAR)
Standards in the I-Industrial District
(Ref. Planning Case No. 2019-27)
Introduction
The City Council is asked to continue the discussion on the city’s proposed new ordinance amending the
floor area ratio (FAR) standard for uses in the I-Industrial District.
Background
As was noted and presented at the October 2, 2019 council meeting, the floor area ratio (FAR) standard for
buildings/structures in the I-Industrial District is limited to 0.5 FAR. Floor Area Ratio (FAR) is defined or
determined as: the numerical value obtained through dividing the floor area of a building or buildings by
the lot area on which such building or buildings are located.
At the August 27, 2019 Planning Commission meeting, Metro Storage, LLC requested consideration of a
conditional use permit (CUP) to allow a new three-story, 117,810-sf., personal self-storage facility, which
also included a variance to increase the FAR up to 1.24 in total. When action on the variance resulted in a
no-decision (3-3-1 vote), the PC instructed staff to prepare and present a separate code amendment to the
industrial zoning code to amend or modify the FAR standard.
At the September 24, 2019 meeting, city staff presented a follow-up report with background information,
analysis, which included comparative information from other metro city ordinances on FAR standards and
other related standards in similar industrial districts; and a recommendation.
Upon consideration of the planning report findings and presentation on this item; including a public hearing
- with no comments or objections from the public, the Planning Commission recommended unanimously
(7-0 vote) that the FAR standards in the I-Industrial District should be amended by striking out the 0.5 FAR
standard in its entirety, and that Council should adopt the proposed ordinance amendment as presented.
At the October 2, 2019 meeting, the City Council considered the requested ordinance amendment and PC
recommendations, but chose to table this item (and CUP/Variance application for Planning Case No. 2019-
20), with a request to have this matter discussed further at a council workshop session.
page 3
Discussion
Included with this memo is the October 2nd Council Agenda report, with the previous planning reports as
added attachments. Staff is also providing for review a number of articles and information from various
sources on the subject of FAR and its applicability in the planning and design of development sites.
There are a number of alternatives to discuss on this issue:
1) Council may choose to overturn the recommendation of the Planning Commission, and keep the
current 0.5 FAR standard intact. The Council will then need to take official action at the next
regular meeting of November 6th, by making a motion to deny the proposed ordinance amendment.
2) Council may choose to accept the recommendation of the Planning Commission, and adopt the
proposed ordinance that effectively removes the 0.5 FAR standard from the I-Industrial District.
3) Council may choose to amend the proposed ordinance amendment by modifying the current 0.5
FAR standard to a higher value, such as 1.0 (same as B-4 Shopping Center District) or other value
determined by the council.
4) Council may choose to amend Ordinance No. 538 (adopted May 21, 2019), which allows personal
self-storage facility uses as a conditional use in the I-Industrial District, with an added condition or
FAR standard that can only be applied to self-storage uses in this zone.
If Council elects to keep the FAR intact (deny the amendment), then staff will need to send the proposed
variance application back to the Nov. 26th Planning Commission for official recommendation, and bring
that recommendation, along the previously considered CUP application, to the regular City Council meeting
of December 3rd for final action.
page 4
D R A F T
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 545
AN ORDINANCE AMENDING TITLE 12, ARTICLE G.
I INDUSTRIAL DISTRICT, CHAPTER 1
GENERAL PROVISIONS REGARDING
FLOOR AREA RATIO (FAR) STANDARDS IN THE I-INDUSTRIAL DISTRICT
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Title 12-1G-7: Site and Structure Requirements is amended as follows:
F. Floor Area Ratio: Floor area ratio shall not exceed 0.5.
Section 2.
This ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an ordinance this ______ day of ______________, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
Lorri Smith, City Clerk
(Strikeout text indicates matter to be deleted, while underlined text indicates new matter)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
page 5
Request for City Council Action
MEETING DATE: Oct 2, 2019
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Draft Ordinance No. 545 – Amending Title 12, Article G. I Industrial District,
Chapter 1 General Provisions Regarding Floor Area Ratio (FAR) Standards in
the I-Industrial District
(Planning Case No. 2019-27)
Introduction
The City Council is asked to consider adopting a new ordinance amending the city’s current floor area ratio
(FAR) standard for uses in the I-Industrial District.
Background
Per City Code Title 12-1G-7: Site and Structure Requirements for the Industrial District, the floor area ratio
(FAR) for buildings shall not exceed 0.5. Floor Area Ratio (FAR) is defined or determined as: the
numerical value obtained through dividing the floor area of a building or buildings by the lot area on which
such building or buildings are located.
At the August 27, 2019 Planning Commission meeting, Metro Storage, LLC requested consideration of a
new Conditional Use Permit (CUP) under Planning Application No. 2019-20, which would allow a new
three-story, 117,810-sf., personal self-storage facility. Metro Storage also requested a Variance to exceed
the maximum FAR standard of 0.5 on their new development with a proposed 1.24 FAR.
After considerable discussion by the commission with staff and the applicant, a motion was initially made
to deny the variance alone, whereupon said motion failed on a 3-3-1 vote, resulting in a no-decision or
recommendation.
The Commission thereafter made a follow-up motion to table Planning Application No. 2019-20 until the
next regular meeting; and directed city staff and/or Applicant to prepare and present a separate code
amendment to the industrial zone code to amend or modify the floor area ratio standard. Any new
amendment, if approved, would potentially annul or reduce the variance on the FAR standards for the new
storage facility.
At the follow-up September 24, 2019 meeting, city staff presented a Planning Report with background
information, a detailed analysis, which included comparative information from other metro city ordinances
on varying FAR standards and other related site/structure standards in similar industrial zoned districts; and
a recommendation on the proposed amendment.
page 6
The Planning Commission was asked to make a decision on one of two amendment proposals:
i.) remove subpart section F. Floor Area Ratio: Floor area ratio shall not exceed 0.5. under Sect. 12-
1G-7; or
ii.) amend Subpart F. with a proposed new higher ratio standard (say 1.5 2.0, or a value determined
by the Commission).
Staff opined that removing the current FAR is appropriate and supported, and can be viewed as consistent
with many other metro communities’ own ordinances. By keeping the 50% building coverage standard,
along with added building and parking lot setbacks required under the I Zone regulations, most if not all
existing and new uses in the Industrial Park should remain conforming and viable for future development.
Staff also noted that should the Commission decide to strike or modify the 0.5 FAR standard under Section
12-1G-7, then the separate application for the new self-storage facility (under Planning Case No. 2019-20)
can proceed with the CUP application alone and without the Variance to the 0.5 FAR standard.
Staff recommended the commission consider an amendment that would essentially strike-out the current
0.5 FAR standard in its entirety. The 09/24/19 Planning Report and meeting minutes are appended to this
memo report.
Discussion
The City can use its legislative authority when considering action on a zoning code amendment request and
has broad discretion, provided said action is constitutional, rational, and in some way related to protecting
the health, safety and general welfare of the public.
Recommendation
Upon consideration of the planning staff report findings and presentation on this amendment item; and the
opening/closing of the public hearing - with no comments or objections from the public, the Planning
Commission recommended unanimously (by 7-0 vote) that Title 12, Article G. I Industrial District, Chapter
1 General Provisions Regarding Floor Area Ratio (FAR) Standards in the I-Industrial District be amended
by striking out the 0.5 FAR Standard in its entirety, and that City Council should adopt Ordinance No. 545
as presented herein.
Action Required
City Council is asked to affirm this recommendation from the Planning Commission, and make a motion
to adopt the proposed Ordinance No. 545 as presented.
This item requires a simple-majority vote of the council.
page 7
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 545
AN ORDINANCE AMENDING TITLE 12, ARTICLE G.
I INDUSTRIAL DISTRICT, CHAPTER 1
GENERAL PROVISIONS REGARDING
FLOOR AREA RATIO (FAR) STANDARDS IN THE I-INDUSTRIAL DISTRICT
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Title 12-1G-7: Site and Structure Requirements is amended as follows:
F. Floor Area Ratio: Floor area ratio shall not exceed 0.5.
Section 2.
This ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an ordinance this 2nd day of October, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
Lorri Smith, City Clerk
(Strikeout text indicates matter to be deleted, while underlined text indicates new matter)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
page 8
Planning Staff Report
MEETING DATE: September 24, 2019
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case 2019-27
ZONING CODE AMENDMENT
Floor Area Ratio (FAR) Standard in I-Industrial District
APPLICANT: City of Mendota Heights/Metro Storage LLC
ACTION DEADLINE: N/A
INTRODUCTION
The City of Mendota Heights, in conjunction with Metro Storage, LLC, is requesting consideration
of amending the city’s current floor area ratio (FAR) standard for uses in the I-Industrial District.
BACKGROUND
At the previous August 27th Planning Commission meeting, Metro Storage, LLC submitted for
consideration Planning Application Case No. 2019-20, a Conditional Use Permit (CUP) to allow
a new three-story, 117,810-sf., interior only self-storage facility. Personal Self-Storage uses were
recently added under a separate zoning ordinance amendment by Ordinance No. 538 (adopted
05/21/2019). As part of the CUP application, Metro Storage also requested a Variance to the
required FAR standard for their new development, due to the new storage facility would exceed
the maximum FAR of 0.5 up to 1.23.
After some considerable discussion on the CUP and Variance requests, and upon closing the public
hearing, a motion was made to deny the variance request, whereupon the motion failed on a 3-3-1
vote, resulting in no decision or recommendation.
The Commission thereafter made a follow-up motion to table Planning Application Case No.
2019-20 until the September 24, 2019 meeting, and directed city staff and/or Applicant to prepare
and present a separate code amendment to the industrial zone code to alter the floor area ratio
standard. The amendment, if approved, would in effect annul the variance on the FAR standard
for the new storage facility.
page 9
ANALYSIS
Per City Code Title 12-1G-7: Site and Structure Requirements for the Industrial District, the floor
area ratio (FAR) for buildings shall not exceed 0.5. Floor Area Ratio (FAR) is defined or
determined as: the numerical value obtained through dividing the floor area of a building or
buildings by the lot area on which such building or buildings are located.
On sites where a new multi-story building is being proposed, this 0.5 FAR standard can impose
some challenging restrictions on the planned or desired (overall) size of a proposed building space.
Metro Storage is requesting a new building with an FAR of 1.23, due to the multiple stories (three)
inside the new storage facility. Even though the new building is shown with a 39,270-sf. footprint
and a 40.9% lot coverage calculation, the multiple stories added together pushes the proposed FAR
well-over the 0.5 standard.
As was noted in the August 27th planning report, new Ordinance No. 538 established certain
development standards for personal self-storage uses, which included a much reduced parking
space standard of 1 space per 6,000-sf. of storage area space. Since this storage use does not
demand or require the parking that a typical office/manufacturing use needs, a larger building can
potentially be built on an industrial (vacant) site such as the subject property, which is the case
being made under Planning Application No. 2019-20.
The 45-ft. building height standard also provides an opportunity for a development to incorporate
multiple stores, with 12 to 15-ft. high ceilings on each floor.
This self-storage use parking standard, along with the current 45-ft. building height standard,
essentially created an opportunity for the Developer to significantly reduce the open hard surface
(parking) areas needed on this site, thus allowing the developer to design or request a larger, multi-
storied building tailored for this type of use on the vacant industrial site. An argument can be
made that the 0.5 FAR standard limits the ability of any developer to maximize the available land
space with a larger, multi-story building.
With the new building coverage at 40.9%, the remaining 59.1% of lot area was allocated to the
open parking and driveway areas, landscaped spaces, and large spaces for the on-site storm-water
treatment systems, consisting of the proposed infiltration and retention ponds along the west and
south sides of the building.
When considering new amendment request such as this one, it is ideal to research and compare
what other communities apply in their own ordinances and/or similar districts. Attached for the
Planning Commission’s review, is a comparison table of other metro cities standards, including
FAR, building lot coverage percentages, and building heights. A majority of these cities do not
have or use an FAR in their Industrial districts. Bloomington, Minneapolis, and St. Paul allow for
the most, with 2.0, 2.7 and up to 5.0 respectively. Other cities have amid-range or similar FAR
standard from 0.5 to 1.5 (Minnetonka, St. Louis Park) - with Brooklyn Park allowing a 1.1 FAR
with an allowance to exceed this 1.1 ratio (no limit) by means of a CUP application.
Those cities without any FAR also have reasonable amount of maximum building coverage of 30-
50%, with the higher amount being equal to Mendota Heights. The maximum lot coverage
page 10
(percentages) range from a low of 35% (Farmington) to 70-/75%, and all the way up to 90% in
Vadnais Heights.
Building heights for these other cities appear to be at or near (equal) or in some cases exceed our
city’s own 45-ft. height limits.
City staff also investigated and estimated the FAR’s (based on Dakota County Assessor records)
on the properties throughout the city’s industrial park, which today is seen with a mix of typical
industrial based businesses and office/warehouse type uses. Surprisingly, almost every one of the
properties inside the Industrial Park area is under the 0.5 FAR standard set by the current Industrial
District regulations. The only exception is the multi-story American Corp Center office
development at 1285-1295 Northland Drive, with an estimated FAR of 0.92. (note: city staff did
not find any record of a variance granted to this site or office development for this increased FAR
level). The Fairfield Inn and Suites at 1330 Northland Drive came in just over with an estimated
0.51 FAR. Attached for the commission’s review is map with FAR tags on most of the Industrial
Park properties.
STAFF RECOMMENDATION
The City is asked to make a decision on one of two amendment proposals:
i.) remove subpart section F. Floor Area Ratio: Floor area ratio shall not exceed 0.5. under
Sect. 12-1G-7; or
ii.) amend Subpart F. with a proposed new higher ratio standard (say 1.5 or 2.0).
In Staff’s opinion, removing the FAR is appropriate and supported, and can be viewed as consistent
with many other metro communities’ own ordinances. By keeping the 50% building coverage
standard, along with standard building and parking lot setbacks required under the I Zone
regulations, the existing uses in the Industrial Park should remain conforming, and any future
permitted industrial zoned uses (both new or expanded) should have enough space on most parcels
for providing adequate building coverage/size, parking areas, open/landscaped areas, and on-site
storm water systems.
Staff is recommending the Planning Commission consider approval of the requested Zoning Code
Amendments as presented under the attached Draft Ordinance No. 544, with an option to choose
to either strike out the current FAR standard in its entirety; or choose to keep the FAR provision
in place, but with a new FAR standard of either 1.5, 2.0 or a value determined by the Commission.
Please note that should the Commission decide to strike or modify the current 0.5 FAR standard
under Section 12-1G-7, then the separate application concerning Planning Case No. 2019-20, the
CUP to allow the personal self-storage facility in the I-Industrial District, may proceed without the
variance.
Attachments
1) Draft Ordinance No. 544
2) Comparison Table of Metro Cities FAR / Lot/Bldg. Coverage
3) Map of City’s Industrial Park Properties w/ FAR Tags
page 11
D R A F T
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 544
AN ORDINANCE AMENDING TITLE 12, ARTICLE G.
I INDUSTRIAL DISTRICT, CHAPTER 1
GENERAL PROVISIONS REGARDING
FLOOR AREA RATIO STANDARDS
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Title 12-1G-7: Site and Structure Requirements is amended as follows:
F. Floor Area Ratio: Floor area ratio shall not exceed 0.5.
OR
F. Floor Area Ratio: Floor area ratio shall not exceed 0.5 1.5 or 2.0 (or value determined by
Planning Commission)
Section 2.
This ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an ordinance this ______ day of ______________, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
Lorri Smith, City Clerk
(Strikeout text indicates matter to be deleted, while underlined text indicates new matter)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
page 12
CITY
FAR
MAX. BLDG.
COVER
MAX. LOT
COVER
GREEN
SPACE
BUILDING
HEIGHT
MENDOTA HTS 0.5 50% 45’
Albertville N/A 85% 45’
Apple Valley N/A 30-40% 40’
Blaine N/A 50’
Bloomington 1.0 to 2.0
Brooklyn Park 1.1 (or CUP to
exceed 1.1)
75% 20% N/A
Burnsville N/A 50% N/A (45’+ by CUP)
Cottage Grove N/A 35-50% 35’ - 60’
Eagan N/A 35% 25% 40’
Eden Prairie 0.3 (1 story) to 0.5
(multi-story)
40’
Farmington N/A 35% 45’
Inver Grove Hts. N/A 30 – 40% 60’
Lakeville N/A N/A 45’ or 4 stories
Minneapolis 2.7 65’ or 4 stories
Minnetonka 1.0 – 1.5 85 35’
Rosemount N/A 70 – 75% 75’
St. Louis Park 0.5 – 1.0 75-ft. or 6 stories
St. Paul 2.0 – 5.0 50’-75’
South St. Paul 0.2 (minimum) 40% 15% 50’
Woodbury N/A 70% 50’
West St. Paul N/A 50% 45’
Vadnais Heights N/A 90% 45’
page 13
INDUSTRIAL PARK - FAR RESULTS
Property Information
August 29, 2019 0 1,200 2,400600 ft
0 380 760190 m
1:9,600
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
page 14
September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 7 of 11
C) PLANNING CASE 2019-27
CITY OF MENDOTA HEIGHTS / METRO STORAGE, LLC
ZONING CODE AMENDMENT
Community Development Director Tim Benetti explained this request was filed on behalf of Metro
Storage, LLC with cooperation with the City of Mendota Heights looking at amendi ng the city’s
current floor area ratio (FAR) standard for uses in the I-Industrial District. This item was presented
under a fully noticed public hearing; not comments or objections were provided.
On August 27 of this year, the Planning Commission heard a request from Metro Storage, LLC
for a Conditional Use Permit to allow a new three-story, 117,810 square foot interior only self-
storage facility. Self-storage uses were recently added under Ordinance 538 approved in May
2019. Metro Storage, LLC also requested a Variance to the FAR standard, which is currently 0.5
and they wanted to go up to 1.23. The motion failed on a 3-3-1 vote, resulting in no decision or
recommendation. A follow-up motion was made to table the decision and staff was directed to
prepare and present a separate code amendment to the industrial zoning code to alter the FAR
standard.
The FAR is a numerical value obtained by dividing the floor area of a building or buildings by the
lot area on which the building is, or to be, located. The 0.5 FAR standard imposes challenging
restrictions on the planned or desired overall size of a proposed building space, especially when
referring to the construction of a multiple storied building.
Staff provided a Comparison Table of Metro Cities FAR/Lot Coverage/Building Height Standards,
showing that a majority of the cities in the area do not have an FAR in their industrial districts.
However, Bloomington, Minneapolis, and St. Paul do have FARs. These range from 2.0 – 5.0,
which is a lot more than Mendota Heights currently has. Others have ranges from 0.5 to 1.5.
Mendota Heights is consistent with building coverage, lot cover, green space, and building height
requirements.
Upon reviewing the FAR of buildings currently in the city’s industrial district, all of the buildings
meet or are below the 0.5 ratio; with the exception of one that is at a 0.92 ratio. There is one other
that is at 0.51.
Staff requested that the Commission either remove the current FAR or amend the ordinance with
a new higher ratio standard of 1.5 or 2.0.
Commissioner Petschel asked if there was a case that justifies the existence of the FAR that is not
taken care of by the height; maybe something like 5-foot ceilings.
Commissioner Noonan noted that he reviewed the discussion in the minutes of the last meeting
and wondered at what point the FAR, in many suburban locations, was deemed somewhat
antiquated. And was it antiquated because the FAR, in its current location, was there to control the
massing. Whereas, combining the building coverage, the setbacks, the height limitations, the
parking regulations, increases the limitations and therefore says a lot about eliminating the FAR
all together.
page 15
September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 8 of 11
Chair Magnuson noted that any city, with the exception of South St. Paul, that had an FAR did not
have a maximum building coverage. The cities that did not have FARs tended to have a maximum
building coverage or maximum lot coverage. It seemed to her that the trend is to have one or the
other, but not both. The only question she would have then would be was if there was any need or
interest in addressing green space, in addition to maximum building coverage. Mr. Benetti replied
that in the industrial district there is increased setbacks for the business and industrial districts for
their parking. There are more than what is seen in a typical residential or business center. There
are larger setbacks for parking and for buildings – the purpose of which is to allow or provide for
the increased green space.
Commissioner Corbett asked what the intent of a minimum FAR was – just to drive efficient use.
Mr. Benetti replied that was probably the correct intent. It is to limit the scale of a development.
Chair Magnuson opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the
public hearing.
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN,
TO CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO,
TO RECOMMEND APPROVAL OF PLANNING CASE 2019-27, ORDINANCE NO. 545, “AN
ORDINANCE AMENDING TITLE 12, ARTICLE G, I INDUSTRIAL DISTRICT, CHAPTER 1
GENERAL PROVISIONS REGARDING FLOOR AREA RATIO STANDARDS ” where the
subpart section F. Floor Area Ratio: Floor area ratio shall not exceed 0.5, under Sect. 12-1G-7 is
removed
AYES: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its October 2, 2019
meeting.
page 16
September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 11 of 11
Staff Announcements / Updates
Reminder: the October 22, 2019 Planning Commission Meeting will start at 8:00 P.M. due
to Simchat Torah holiday
Community Development Director Tim Benetti gave the following verbal review:
Planning Case 2019-23
Garland’s Inc. / JBT LLC, 2240 Enterprise Drive
Conditional Use Permit for Outdoor Sale Lot
Approved by the City Council as recommended by the Planning Commission
Planning Case 2019-17
Edward Sweeney, 777 Wentworth Avenue
Preliminary Plat
Approved by the City Council as recommended by the Planning Commission
The first permit for the Orchard Heights Development came in last week; the first of the potential
18 new houses.
The vacant lot along Dodd, in The Village, were put out for RFP and a developer has been chosen
– Grand Real Estate Advisors. They are doing some pre-testing or site soil testing. They are looking
at doing a new 42-unit building for residents 55 years of age and over; with a 4,500 square foot
restaurant and a 2,000 square foot ‘co-working’ space. Their applications will probably come to
the city sometime in November or December 2019. They will be coming to the Commission for a
PUD amendment because the original PUD called for a 19 townhomes or home offices. The work
being done in the area currently is for a trail construction.
Adjournment
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN,
TO ADJOURN THE MEETING AT 8:04 P.M.
AYES: 7
NAYS: 0
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Real Estate Development: How FAR Can You Go?
Recent announcement to raise floor area ratio (FAR) is seen as an encouragement to
vertical growth as compared to horizontal growth. Higher FAR has its own advantages and
disadvantages. City development authorities have to be careful allowing higher FAR.
Kishor Pate
Amit Enterprises Housing
Among the various regulations adopted in real estate development, Floor Area Ratio (FAR) is
one of the most critical ones because it decides the intensity of development which is permitted
in a certain area. Recently, the fact that the urban development ministry raised the FAR for
residential areas in Delhi to 200% made headlines news because this will lead to a significant
increase in built-up areas in many parts of the city, thereby infusing critically needed residential
supply.
FAR regulations play a big role in any city’s real estate development profile and it is therefore
important to understand the concept. FAR parameters vary from state to state and are governed
by the respective city development authorities.
In other words, increase or limitation of FAR is not city-specific but area-specific. Every city has
its own areas where higher FAR is permitted, with the intention of encouraging or
accommodating growth of a certain market segment. Such ‘special’ FAR will not be applicable
in other areas of the city.
Who Makes The FAR Rules?
The Ministry of Urban Affairs, which is the apex body that formulates and administers rules,
regulations and laws related to housing and urban development in India, has provided general
guidelines via the Model Urban & Regional Planning and Development Laws.
However, the implementation of these guidelines is entirely city specific and therefore in the
hands of the respective city development authorities. Essentially, it is the city authorities that are
empowered to plan the development of their respective cities. Whenever a new area opens up for
development, a city’s development authority will lay down a master plan that stipulates the land
page 64
use zone, regulations that control development and permissible FAR for various uses.
How Is FAR Calibrated?
FAR is calibrated according to the nature of a project in terms of the intended usage. Generally
speaking, on a plot of 100 square yards with a permissible FAR ratio of 2 allows a total built-up
area of 200 square yards – the plot area multiplied by the FAR is the amount of construction that
is permissible for that plot. FAR for various zones and type of usage is notified by the local
Development Control regulations. FAR in restricted zones like, say, Lutyens Delhi, may be 1 or
even lower, while it would be higher in suburbs.
FAR restrictions are necessary in heritage zones which have protected monuments or other such
features which could be destroyed or otherwise impacted by increased FAR in these areas. The
issue of whether our cities should grow horizontally or vertically is basically one of limited
available supply, and whether horizontal growth is a real solution in context with growing
populations and increasing land prices.
Pros And Cons Of Increasing FAR
There are advantages and disadvantages to increasing FAR. Lower FAR means higher horizontal
growth, which is positive in terms of environmental sustainability but negative in terms of
available supply. Higher FAR implies lower horizontal spread and therefore lower consumption
of available real estate, which means that it limits the escalation of property prices to that extent.
It also implies a more workable set of infrastructure parameters than horizontal spread calls for.
Providing infrastructure to accommodate horizontal growth (i.e. lower FAR) implies more
infrastructure over larger geographic areas, whereas higher FAR calls for more intense and
specific infrastructure. Increased FAR basically allows developers to save on land costs, and
gives them a wider arena to operate on. This means that the units in the projects they build will
be cheaper and also more plentiful in profitable areas, which is beneficial for property investors
and their eventual buyers alike.
However, increasing FAR in some of a city's areas for this reason alone is not a good thing, as it
will result in an infrastructure deadlock and eventual fall in prices. On other words, assigning
additional FAR is not something that should be done arbitrarily or without fully understanding
the 360-degree real estate dynamics of a certain location.
MoneyControl: 12/22/2014
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WHAT IS FAR?
Floor area ratio (FAR) is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building
is located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total
area of the parcel (building area ÷ lot area). FAR is an effective way to calculate the bulk or mass of building volume on
a development site, and is often used in conjunction with other development standards such as building heights, lot
coverage and lot area to encourage a community’s desired arrangement and form of development. In this context, higher
FARs indicate greater building volume.
PURPOSE AND ROLE IN PLANNING
FAR is most often used to express development intensity of non-residential land uses, and integrated into a community’s
zoning and other land development controls. FAR can be used to either limit the intensity of land use to lessen the
environmental impacts of development or to control the mass and scale of development. In addition, by referencing
characteristics for a given land use such as number of employees and number of vehicle or transit trips per square foot of
building space, FARs can estimate the potential impact of a proposed development scenario. FAR is sometimes used as
an analytical tool for projecting the impact of different land use and development intensity scenarios.
HOW TO CALCULATE FAR
Typically, FAR is calculated by dividing the gross floor area of a building(s) by the total buildable area of the piece of land
upon which it is built. Your community may choose to measure floor area and land area differently based upon local
standards, policies, and other conditions. However, to calculate FAR using gross floor area and buildable land area, take
the following steps:
STEP 1.Determine the total BUILDABLE LAND AREA, in terms of square feet, for the site. Buildable land area is that
portion of a development site where construction can legally and reasonably occur – so public streets and
rights-of way, wetlands and watercourses, and other constraints would not be included.
Buildable Land Area (B) = (Parcel Width x Parcel Depth) – Square feet of undevelopable land (if applicable)
STEP 2.Determine the FLOOR AREA of each story of the building. Calculate the area of each story (floor) of the
building, typically measured between the exterior walls. Those portions of each story above the ground surface
prior to any manipulation or grading are usually included in the calculation.
STEP 3.Determine the GROSS FLOOR AREA of the Building. Gross floor area is the sum of the floor area of each story.
Gross Floor Area (G) = Floor Area of 1st Story + Floor Area of 2nd Story… for all floors above the ground
STEP 4.Calculate the FLOOR AREA RATIO. Divide the GROSS FLOOR AREA by the BUILDABLE LAND AREA. The
result is the Floor Area Ratio (FAR).
Floor Area Ratio (FAR) = (G)/(B)
CALCULATING FLOOR AREA RATIO LOCAL PLANNING HANDBOOK
Continue to next page
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June 2015
Metropolitan Council
390 Robert Street North
Saint Paul, MN 55101
metrocouncil.org
Main: 651.602.1000
TTY: 651.291.0904
Public Information: 651.602.1500
public.info@metc.state.mn.us
LOCAL PLANNING HANDBOOK
FAR ILLUSTRATED
EXAMPLE: Calculating FAR
A development company is planning to build a two-story building on a rectangular parcel that has 100 feet of street
frontage and 200 feet of depth. The first story measures 50 feet by 200 feet, and the second story measures 50 feet by
200 feet. There are no public rights-of-way, or other exceptional development limitations on the parcel.
Step 1. Determine the total BUILDABLE LAND AREA for the site.
(B) = (Parcel Width x Parcel Depth)
(B) = 100 ft. x 200 ft.
(B) = 20,000 ft2
Step 2. Determine the FLOOR AREA of each story of the building.
Story 1 Floor Area = 50 ft. x 200 ft. = 10,000 ft2
Story 2 Floor Area = 50 ft. x 200 ft. = 10,000 ft2
Step 3. Determine the GROSS FLOOR AREA of the Building.
(G) = 10,000 ft2+ 10,000 ft2 = 20,000 ft2
Step 4. Calculate the FLOOR AREA RATIO.
FAR = G/B
FAR = 20,000 ft2 / 20,000 ft2 = 1.0
Figure 1. FAR Illustration (Image Credit: Julie Campoli, Visualizing Density)
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City Council Workshop Memo
MEETING DATE: October 28, 2019
TO: Mayor Garlock and City Council; City Administrator McNeill
FROM: Tim Benetti, Community Development Director
SUBJECT: Amending Ordinance No. 508 –Certain Regulations & Zoning Standards
Regarding the Keeping of Domestic Chickens
Introduction
City Council is asked to give preliminary consideration of proposed amendments to original Ordinance No.
508 (adopted March 7, 2017), regarding the Keeping of Domestic Chickens in the city.
Background
On March 7, 2017, the City Council adopted Ordinance No. 508 – Regarding the Keeping of Domestic
Chickens for residential uses throughout the city (attached hereto). This ordinance specifically amended
certain sections of City Code Title 5 - Police Regulations and Title 12 – Zoning. Upon adoption of the
ordinance, the city immediately issued five new permits in 2017.
On March 6, 2018, and as per the direction of the council, city staff presented a one-year update review of
the ordinance in progress, along with any findings on approved chicken permit locations; and discuss any
edits, changes or revision to the ordinance, if necessary. Upon concluding the discussion, the council
directed staff to make the following changes:
• Increase the number of allowable chickens from four to six;
• Reduce the annual permit to $15 per chicken coop;
• Increase the maximum allowable size of backyard structures with a chicken coop to 200 square
feet, with the provision that if the coop use is removed, then the structure must be removed as well;
• One-year inspection for first-time permit holders and complaint-driven inspections thereafter; and
• Composting will be allowed, unless there is a complaint.
After the March 2018 meeting, staff revised the domestic chicken permit application, which incorporated
these new standards and allowances granted by the Council for chicken coop permits, including a reduced
(one-time only) fee, allowance for up to six (6) chickens, and the composting option. This proposed draft
ordinance will officially memorialize these new changes into City Code.
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In early 2018, the city renewed all five original permits (from 2017) and approved seven new permits; and
in 2019 the city renewed nine and approved five new permits, while approving two deferrals and awaiting
renewal on one other permit holder.
Since the adoption of the original ordinance, there has not been a single complaint registered or investigated
against any of the properties that have an approved domestic chicken coop and permit.
Action Required
This proposed draft Ordinance is for preliminary information and discussion only; there is no official action
to be taken under this item. If any changes, edits, or amendments are called for or requested by the Council
at the workshop session, staff will revise this draft ordinance document accordingly.
Since this ordinance involves minor revisions to Title 12 - Zoning Code, this ordinance will have to be
presented back to the Planning Commission for official consideration and recommendation.
Staff anticipates the amended ordinance will be presented for final consideration and adoption by the
Council at the December 3, 2019 meeting.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 54X
AMENDING PART OF TITLE 5 - POLICE REGULATIONS AND
PART OF TITLE 12 – ZONING OF THE CITY CODE
REGARDING KEEPING OF DOMESTIC CHICKENS
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
City Code Title 5 – POLICE REGULATIONS is hereby amended as follows:
Title 5-3 of the City Code is hereby amended by adding the underlined language and deleting
the double-line struck-through language as follows:
5-3-10: CHICKENS:
A. Up to four six (6) female chickens, Gallus gallus domesticus, may be kept on a
residential premise as domestic animals, provided such chickens are kept in an
accessory structure meeting the provisions of Section 12-1D-3 of the Zoning Code.
Such structure must be constructed so that it may be easily cleaned, and so that the
chickens are completely enclosed and protected from children and animals on the
outside.
B. The Animal Warden and/or Zoning Administrator has the authority to enter upon
private premises wherever chickens are kept or a domestic chicken permit license has
been issued, whenever there is a reasonable cause to believe that the chickens are being
mistreated or pose a threat to the health and safety of people or other animals.
Section 2.
City Code Title 12 – ZONING is hereby amended as follows:
Title 12-1D-3 of the City Code is hereby amended by adding the underlined language and deleting
the double-line struck-through language as follows:
12-1D-3: ACCESSORY STRUCTURES
C. Accessory Structures In All Residential Districts:
2. Chicken coops and runs in all residential districts:
b. Regulations: The keeping, harboring, maintaining, or possessing of any chicken
shall be in accordance with the following:
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(1) Limit: No more than four six (6) chickens shall be kept or harbored on the
premises to which the permit applies.
(8) Disposal Of Waste: Fecal waste or coop related litter shall be removed at
such reasonable times to prevent odors from emitting over property lines. Such
waste or litter must be double bagged and disposed of in city garbage. Waste
or litter is allowed to be composted on the property, provided the composting
is done in a sturdy, weather resistant compost bin or dedicated enclosure.
Should the composting be done in an unhealthy or ineffective manner, whereby
creating a public nuisance or complaints from neighboring residents, the permit
holder shall immediately cease all waste composting on the property and
remove such waste composting bin(s) if so ordered by the Zoning Administrator
or Animal Warden.
(13) Abatement and Enforcement: Should an applicant have their permit
revoked as per Subpart (12) above; or chooses not to renew their domestic
chicken permit; or if the chicken coop ceases to operate for a period of six (6)
months or more, the applicant or owner of the property must remove the coop
structure and all appurtenances within thirty (30) days from written notice by
city.
3. Accessory structures (other than detached, private garages) in all residential
districts:
a. Number And Size:
(2) Property is four (4) acres or less*: One accessory structure with the area not
to exceed one hundred forty four (144) square feet, or one accessory structure
plus a chicken coop and run provided the total area of both structures shall not
exceed one hundred forty-four (144) two hundred (200) square feet.
Section 3.
This Ordinance shall be in full force and effect from and after its passage and publication according
to law.
Adopted and ordained into an Ordinance this _____ day of __________________, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
___________________________
Lorri Smith, City Clerk
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
SUMMARY PUBLICATION OF ORDINANCE NO. 54__
AMENDING PART OF TITLE 5 - POLICE REGULATIONS AND PART OF
TITLE 12 – ZONING OF THE CITY CODE
REGARDING KEEPING OF DOMESTIC CHICKENS
The City Council of the City of Mendota Heights, MN ordains:
The City of Mendota Heights Code of Ordinances, Title 5 – Police Regulations, Chapter 3,
Domestic Animals AND Title 12 – Zoning, Chapter 1, Zoning Regulations, Article D. General
Zoning Provisions are hereby amended with new language allowing additional number of domestic
chickens; allowance for composting waste materials; increasing total area sizes of accessory
buildings; and providing abatement and enforcement provisions; all regarding the keeping of
domestic chickens in the city.
The ordinance will take effect __________, ______, 2019. The complete text of this
ordinance may be obtained at the city hall or from the City’s website at www.mendota-
heights.com.
Adopted this ________ day of ______________, 2019.
CITY COUNCIL OF MENDOTA HEIGHTS
/s/ Neil Garlock, Mayor
Attest:
/s/ Lorri Smith, City Clerk
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City Council Workshop Memo
MEETING DATE: October 28, 2019
TO: Mayor Garlock and City Council; City Administrator McNeill
FROM: Tim Benetti, Community Development Director
SUBJECT: Initial Discussion to Allow Temporary Keeping of Goats for Grazing of Invasive
Vegetation on Properties
Introduction
City Council is asked to give preliminary thoughts, discussion and direction to city staff on formulating a
potential new ordinance to City Code for the temporary keeping/allowance for goats on properties for
specific grazing purposes.
Background
At the June 18, 2019 regular council meeting, a resident spoke before the council during Public Comments,
requesting the city give consideration to allowing goats (for rent) to control invasive plantings in and around
his property, particularly buckthorn vegetation.
There are a number of metro-wide communities that now permit or allow the keeping of goats (either
temporary or permanent) inside city limits, with specific (limited) permits for goats to occupy and graze
personal properties. The goats are mostly allowed under a temporary permit (usually up to 30-days) on
sites, which serve as a natural mean of providing invasive vegetation management and control, without the
need for chemicals or extra human/manual labor, such as cutting, clearing and removal of brush materials.
Action
There is no official action to be taken under this item.
Attached to this memo are a few of these local city ordinances and permit applications that provide such
goat grazing activity in their communities. Staff would like to have the council review this information,
and discuss with staff (if time permits); and provide general direction to staff on how to proceed in the
future presentation and preparation of a possible ordinance amendment to City Code - Animal regulations.
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ANIMAL EVENT PERMIT
Recommendation for approval will be based on completion of application, payment in full, inclusion of the
insurance certificate, and written response to the attached questionnaire.
Temporary Animal Permit
APPLICANT PERMIT INFORMATION
Date of Application: Fee Paid: $
Name of Applicant: Phone:
Address:
City/State/ZIP:
Description of Temporary Event:
Requested Date of Temporary Event:
Requested Times of Event: From: To:
Address of Event:
Vendor Providing the Animals: Phone:
24-hour Emergency Contact Name: Phone:
APPLICANT NAME (PRINT):
APPLICANT SIGNATURE: Date Signed:
RECOMMENDATION
STAFF RECOMMENDATION APPROVE DENY
Comments:
STAFF NAME/TITLE (PRINT)
STAFF SIGNATURE: Date Signed:
FINAL ACTION
CITY ACTION: APPROVED DENIED
CITY NAME/TITLE (PRINT)
CITY SIGNATURE: Date Signed:
CITY SIGNATURE: Date Signed:
Please complete the questionnaire below and submit with payment to:
BURNSVILLE POLICE DEPARTMENT
100 CIVIC CENTER PARKWAY
BURNSVILLE, MN 55337
Checks may be made out to: City of Burnsville
Please be sure to include a copy of the insurance certificate with each application.
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ANIMAL EVENT PERMIT
Burnsville Animal Control
This questionnaire should be completed by the vendor providing the animals.
1. List specific types of animal and numbers of each to be exhibited and/or housed in Burnsville for
the requested event. Example: 6 Shetland ponies, 4 African Pygmy Goats, etc.
2. Types of acts and activities the animals will be engaged in.
3. Description of method used to protect the public from getting injured by one of the animals.
4. Describe the method used for overnight stabling and/or housing of the animals, if applicable.
5. Describe the cleanup methods and frequency that will be used to keep the area clean of animal
waste.
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6. What kind of insurance coverage do you have in case the public is injured by any animals? (You
must include a copy of the insurance certificate with each application.)
7. Provide a statement indicating that you are aware that the permit may be revoked and the event
closed down if violations of humane laws and/or ordinances and/or statutes are found or the
animal management plan listed in this questionnaire are not followed.
8. Describe the number of staff available, the method of capture, and the equipment to be used to
catch animals should they escape from your custody.
9. List the expiration date of the last rabies vaccinations given to each animal, if applicable.
10. Provide the name, address and phone number of the veterinarian used.
11. List your USDA #, if licensed.
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EXHIBIT
BloomingtonBurnsvilleEaganFaribaultLakevilleHastingsMaplewoodProposed for Cottage Grove
Maximum of4goatsonparcels10,000sq.ft. in Uptofourgoatsonparcels thatAmount2Goatsper2Goats1Goatperareaorless, withone additionalgoat every 1,000 are10,000sq.ft. orless inanareaofGoats1Goatper1/10ofan per1/10of Does not 1/10ofan sq.ft. oflotareaover 10,000sq.ft., toamaximum andone additional goatper every
1/10of an acreacrean acrespecifyacreDoes not specifyof 75goats per parcel1,000 sq.ft. area over10,000 sq.ft.
Not lessthanLandoneacrein 0.5acresor 0.5acres Does not Does notRequiredsizegreaterorgreaterspecifyspecifyat least 1.5 acresDoes notspecifyDoes not specify
Aplantodispose of
goatmanure ina
safeandadequateCleanUpmannerwith
removal ofwaste Thesite shall becleaned frequently enough to Thesiteshall bekeptfreeofwaste
within24 hourscontrol odor.andremovedin atimely mannerNoNoNoNoNo
Requires Requires Requires
fencing, no Maynot fencing, no fencing, noFencingheightexceed8height height Minimum Requires fencing, no Fencing ofsufficientheightto
limitationsfeetlimitationslimitationsof 4ft.heightlimitationsAt least 5ft. in height containgoats
Allproperty
owners in
the grazing
areamust Itshallunlawful forNeighbor
grant anypersontokeepApproval
permission orharboragoat Writtenconsent ofatleast 60percentof the Permission from75% ofproperty
tothe which habitually property owners that are150feetormorefrom ownerswithin 150 feetofthe
Nocontractor.NoNoNobleats.any house orbusinessvegetation management area
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Eagan City Code
Sec. 10.12. Subd. 10 – Prescriptive Grazing Regulations
Subd. 10. Harboring and keeping of goats—For prescribed grazing by permit.
A. Definitions. As used in this subdivision, the following definitions shall apply:
Prescribed grazing shall mean the use of goats as a landscape management technique
to control the growth of undesirable vegetation, including noxious weeds and invasive
plant or trees at a specific location for a defined length of time. For the purpose of this
definition, goats used for prescriptive grazing are not considered pets or farm animals.
B. Prescribed goat grazing permit required. It is unlawful for any person to keep, harbor,
maintain, possess, or otherwise control any goat within the city, except pursuant to a
permit issued by the city under this subdivision. A permit hereunder may be granted
only for: (1) a parcel or lot of record that is 0.5 acres or more in size; or (2) a prescribed
grazing area located on more than one parcel or lot provided the grazing areas on
each parcel/lot are contiguous and an aggregate of 0.5 acres or more in size. No goat
may be kept, maintained or harbored on or in any other property, except agriculture
containing not less than five acres.
C. Permit application and permit fees. An application for a permit hereunder shall be filed
with the city clerk upon an application form furnished by the city. The permit fee, which
shall be paid and filed with the permit application, shall be in an amount established by
city council resolution. The permit application shall include, but not be limited to, the
following:
1. The full name and address of the following persons:
(a) The applicant signed thereto; and
(b) The owner(s) of the premises on which prescribed goat grazing is sought to
occur and for which the permit would apply;
2. The street address of the premises on which prescribed grazing is sought to occur
and for which the permit would apply;
3. The number of goats to be kept on the premises under the permit, not to exceed
two goats per every one-tenth acre of the prescribed grazing area;
4. The full name, address, and 24-hour contact telephone number of the person who
owns the goats to be used for the prescribed grazing;
5. The type of fencing to be used for the required enclosure;
6. Date the temporary fence will be installed;
7. Date the goats will arrive on the premises for which the permit would apply;
8. The latest date the goats will be removed from the premises for which the permit
would apply;
9. A detailed site plan of the premises on which prescribed grazing is sought to
occur, including the location and the dimensions of the proposed grazing area, a
list of the vegetation existing on the site and sought to be controlled by the
prescribed grazing, the location and delineation of any wetland or public water
shoreline, and the location of the proposed enclosure fencing.
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10. A statement certifying whether the property's homeowners' association rules, if
any, prohibit the keeping of goats on the property for which the permit is sought;
11. If the applicant is not the fee owner of the premises on which the goats for
prescribed grazing is sought to be kept and for which the permit would apply, the
application shall be signed by all fee owners of the premises; and
12. Any other and further information as the city deems necessary.
D. Granting or denying issuance of permit. The city clerk may grant a permit under this
subdivision; however, a permit may not be issued unless the application filed
demonstrates compliance with the requirements of this subdivision. A permit shall not
be issued until the city forester or designee inspects and determines the existence and
need for control of undesirable vegetation, as well as review of any ecologically
sensitive areas, on the premises at which prescribed grazing is sought to be
implemented. The city clerk shall deny a permit hereunder for any of the following
reasons:
1. The application is incomplete or contains false, fraudulent or deceptive
statements.
2. The applicant does not or has not complied with one or more of the provisions of
this subdivision.
3. The premises for which the permit is sought, including, but not limited to, the
proposed grazing area, is not in compliance with any provisions of this subdivision,
other City Code provisions or state laws relating to zoning, health, fire, building or
safety.
4. The applicant or owner of the premises where the prescribed grazing is to occur
has been previously convicted of a violation under this subdivision within the past
two years.
5. The applicant is not the occupant of the premises for which the permit is sought to
be issued.
6. The owner of the goats has violated any provision hereunder, or on more than two
prior occasions, the owner's goats have been found running at large.
E. Conditions of permit. A permit granted under this subdivision shall be subject to the
following conditions:
1. Ownership/occupancy of premises. The permit holder under this subdivision must
occupy the premises for which the permit is issued at all times that the permit is in
effect and goats are present on the premises.
2. Inspection. The premises for which a permit is issued shall, at all reasonable
times, be open to inspection by the city forester or any other city official to
determine compliance with this subdivision, other City Code provisions and state
laws relating to zoning, health, fire, building or safety.
3. Transferability of permit. A permit issued hereunder shall be nontransferable. It is
unlawful to keep, harbor, maintain, possess, or otherwise control any goat on any
property that is not permitted on the permit.
4. Specifications for feeding and care of goats. All supplemental feed for the goats
shall be securely stored in water-tight and vermin-proof containers. All goats on
the premises shall have daily access to fresh drinking water (not from nearby
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lakes, ponds, etc.). All goats used under the permit shall receive proper veterinary
treatment and regular deworming. In the event that a prescribed grazing goat
becomes ill, hurt, or perishes, the permit holder and the owner of the goat is
responsible for immediate on-site care or removal of the goat from the property.
5. Number of goats permitted. No more than two goats per every one-tenth acre of
the prescribed grazing area shall be on the premises at one time under the permit.
6. Natural resources protection. Prescribed grazing must comply with the shore land
regulations and wetland regulations set forth elsewhere in this Code. The permit
may restrict the permissible grazing area to protect ecologically sensitive areas on
the premises. Prescribed grazing activities shall comply with the following:
(a) Prescribed grazing activities shall comply with the best management
practices established by the Minnesota Department of Agriculture, the
Minnesota Department of Natural Resources, Dakota County Soil and Water
Conservation District, and all other pertinent agencies.
(b) Prescribed grazing activities shall not impair water quality as defined by the
Federal Clean Water Act.
(c) Threatened or endangered plant species shall not be negatively impacted by
prescribed grazing activities.
7. Proper enclosures. The prescribed grazing area shall be fully and securely
enclosed with proper enclosures, and fully maintained for the duration of the
prescribed grazing period, as required and provided herein. It is unlawful and a
violation of the permit for any goat to be allowed to run at large as the term is
defined elsewhere in this chapter. The prescribed grazing activity shall be fully and
properly enclosed at all times.
Proper enclosure means any combination of temporary or permanent fences or
structures designed to prevent the escape of the goats used for the prescribed
grazing and to protect the goats from the intrusion of other predatory animals. All
sides of the enclosure(s) shall be of sufficient height and the bottom of the
enclosures shall be constructed or secured in a manner as to prevent the goats
from escaping over or under the enclosure(s). An enclosure shall meet the
following requirements:
(a) Permanent enclosures. Fences and structures constructed to enclose
prescribed grazing goats, but intended to remain at the expiration of the
prescribed grazing activity, shall comply with the regulations for the zoning
district in which the prescribed grazing is located and shall be permitted
separately from the prescribed grazing activity.
(b) Temporary enclosures. Temporary fencing and structures for the sole
purpose of enclosing prescribed grazing goats shall be allowed for the
duration of the prescribed grazing. All temporary fencing or structures shall be
removed within five days of the removal of the goats from the premises as
required under the permit.
(c) Temporary fences may be electric or electrified as specified in the approved
prescribed grazing permit. Where electric fences are used, a double fence
system with a non-electric outer fence, maintained a minimum of three feet
from the electric fence, is required to serve as a safety barrier to reduce the
possibility of the public coming in contact with the electric fence. If an existing
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natural barrier or permanent structure exist as to prevent contact with or serve
as a barrier to the electric fence, then the second outer fence may not be
required for the applicable segment of fencing.
(d) Any electric or electrified fence in association with a prescribed grazing
activity must have a warning sign posted on every boundary of the enclosure
at least every 50 feet along each side of the fence. The warning sign shall
clearly identify the electric fence. No single sign shall exceed four square feet
in area. Each sign shall be clearly visible on the approach to the fence and be
posted on or within one foot of the electric or electrified fence.
(e) The outer fence line shall be inside the property line of the premises on
which the permit applies, and shall not be located within any public or private
right-of-way.
8. Conservation easements. If the proposed prescribed grazing area is within a
conservation easement, all requirements of the conservation easement must be
met. If the terms of the conversation easement do not allow prescribed grazing,
then the permit will be denied.
9. Unneutered male goats. Unneutered male goats over six months of age are
prohibited.
10. Liability insurance. The owner of the goat(s) to be utilized under the permit shall
have and maintain insurance coverage for claims arising from prescribed grazing
activity in the amount of $1,000,000.00 per occurrence and $2,000,000.00 general
aggregate and shall provide to the city proof of coverage prior to the issuance of
the permit.
11. Signage. The permit holder shall install and maintain signs on the premises for
the duration of the permit as follows:
(a) Signs warning of the hazardous condition of the presence of the goats; the
information sign, such as "do not enter—goat defoliation area" or "do not
enter—goat invasive species treatment area—no petting or feeding."
(b) A sign shall be located on each side of the enclosed area. The sign shall be
a minimum of four square feet and not exceed 16 square feet in area.
(c) The signs shall not contain advertising, however the contact information of
the owner of the goat(s) may be listed on the signs for emergency purposes.
(d) The signs shall be setback a minimum of ten feet from property line if
freestanding, or placed on the enclosure fence.
(e) All signs shall be removed when goats are removed from the premises.
F. Duration of permit. The duration of a permit under this section shall be as follows:
(a) Properties under two acres in area. On properties with an area of less than
two acres, prescribed grazing shall not be permitted for more than 30
consecutive days. No more than two prescribed grazing permits may be
issued within one calendar year for the property. There shall be a minimum of
60 days between the expiration of the first permit issued and the second
permit issued in a 12-month period.
(b) Properties two or more acres in area. On properties with an area of two or
more acres, the duration of the prescribed grazing activity shall be as
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specified in the permit, determined solely within the discretion of the city clerk
as may be guided by city personnel trained in control and maintenance of
noxious and invasive weed/plant vegetation.
G. Revocation of permit. A violation of any provision of this subdivision or any condition of
the permit issued hereunder shall constitute grounds for revocation of a permit. The
clerk may summarily revoke a permit if a permit holder's goat(s) have been found
running at large on two or more occurrences within the term of the permit.
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PRESCRIPTIVE GRAZING
PERMIT APPLICATION
Initial License Fee: $50
Renewal License Fee: $25
APPLICANT INFORMATION
Site address for prescriptive grazing:
Applicant Name (property resident):
Applicant’s Email Address: Primary Phone: ( )
Alternate Phone: ( )
The above referenced property’s Homeowners’ Association rules, if any, do not prohibit prescriptive grazing on the
property: (please initial)
Yes _________ No __________ Not Applicable _________
PROPERTY OWNER INFORMATION
Is the premises owned or rented by the applicant?
Owned (skip to “goat owner information” section)
Rented (complete the remainder of this section)
If the premises is rented:
Property owner: ____________________________________________________________________________________________
Property owner mailing address: _______________________________________________________________________________
Property owner phone number: ________________________________________________________________________________
I consent to have the prescribed grazing activity described in this application on my property.
_________________________________________________________________________________________________________
Property owner signature Date
PRESCRIPTIVE GRAZING INFORMATION
Date goats will arrive on property:
Latest date goats will be removed from property:
Type of temporary fencing to be used:
Date temporary fencing will be installed:
List of vegetation to be controlled by prescriptive grazing:
Size of prescriptive grazing area (in acres):
Maximum number of goats to be used on the property:
3830 Pilot Knob Road
Eagan, MN 55122
Licensing: (651) 675-5034
Fax: (651) 675-5012
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You may subscribe to receive an electronic notification from the City of proposed ordinances by signing up for an email update on the
City’s website at www.cityofeagan.com/subscribe.
I certify that I have read the above questions and that the answers are true and correct to the best of my knowledge.
_______________________________________________________ ______________________________
Applicant Signature Date
GOAT OWNER INFORMATION
Name of Goat Owner:
Goat Owner Mailing Address:
Goat Owner Email Address:
Goat Owner Phone Number (available 24-hours a day for emergencies):
TENNESSEN WARNING NOTICE
When the City of Eagan (“City”) collects private/confidential data from an individual about that individual, the City is required
under Minn. Statute § 13.04, subd. 2, to provide a Tennessen warning Notice. The purpose of this Notice is to enable individuals to
make an informed decision about whether to give data about themselves to the City.
Classification of Data Provided
Under Minnesota Statute § 13.41, subd. 2, regulating licensing data obtained by a public entity, names and the designated contact
address and telephone number are public data and available upon request. All other information provided on your application prior
to licensure approval is classified by law as private data and is accessible to you, but not to the public. Upon license approval, all
information provided on your application is public data, EXCEPT for: date of birth, social security, non-designated or secondary
contact address and telephone number, financial data, state and federal tax ID’s, or data classified under Minnesota Statute § 13.02,
subd. 12, as private or subd. 13 as protected nonpublic. Public data is available to any person upon written request to the City.
Purpose and Intended Use
The data requested on each application will be used in determining whether you meet the City qualifications and requirements for
the license for which you are applying. Data from your application will also be relied upon for contact and communication purposes
by the City.
Failure to provide any of the requested information could result in the delay or possible denial of your initial or renewal application.
All data collected and stored may be shared upon court order or with other government entities as authorized by law.
REQUIRED DOCUMENTATION
A certificate of liability insurance issued to the owner of the goats for prescribed grazing activity at the licensed premise. The
certificate must show at general liability coverage of at least $1,000,000 per occurrence and $2,000,000 general aggregate. The
City of Eagan must be listed as a certificate holder.
A detailed site plan of the premises on which the prescribed grazing will occur. Please include dimensions of the proposed
grazing area, the location and delineation of any wetlands or bodies of water and the location of the proposed fencing.
(Electrified fences require a boundary fence. Both the electric and boundary fences must be included on the site plan.)
PLANNING (OFFICE USE ONLY)
Approve / Denied Review Date: _____________________ Staff: ___________________________________
Notes:
FORESTRY (OFFICE USE ONLY)
Approve / Denied Review Date: _____________________ Staff: ___________________________________
Notes:
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CITY of HUDSON, WI
§ 99-22Temporary keeping of goats; violations and penalties.
[Added 8-21-2017 by Ord. No. 14-17[1]]
A. Purpose. The purpose of this section is to establish conditions under which the temporary
and periodic use of a limited number of goats for invasive species and other weed control is
permitted in all districts; and to establish requirements for doing so to protect the health, safety,
and welfare of the general population of the City of Hudson.
B. Requirements for temporarily keeping goats for invasive species or other weed control.
(1) Temporary use of goats shall not exceed 30 days twice a year.
(2) The goats must be contained by an adequate containment fence at all times. If an
electric fence is used it must display a warning that the fence is electric.
(3) All goat waste material must be removed from the property within 24 hours each day.
(4) The property must be maintained in a clean, sanitary condition so as to be free from
offensive odors, fly breeding, dust, and general nuisance conditions.
(5) Goats shall not be allowed on a vacant lot.
(6) The City shall have no liability for any damage that may be caused by goats kept on a
property pursuant to this section. Property owners and permittees under this section shall
be jointly and severally liable for any damage that may be caused by the goats kept
pursuant to a permit issued under this section.
C. Permit required.
(1) No person shall own, harbor, keep or maintain goats temporarily or otherwise on his or
her property within the City without first obtaining a permit approved by the Hudson
Police Department.
(2) The permits shall allow the permit holder to temporarily have goats on his or her
property for up to 30 days for the purpose of invasive species or other weed control on
his or her property.
(3) A person may be issued two such permits per property in a calendar year.
(4) Applications shall be made to the City Clerk's office and forwarded to the Building
Inspector for review.
(5) Applicants shall provide the following information on the permit application:
(a) Name, address, and contact information of the permit applicant.
(b) Address and description of the property where the goats will be temporarily kept.
(c) The type of invasive species or weed control problem on the property.
(d) Name, address, and contact information of the person or entity providing the goats.
(e) Site plan showing where on the property the goats will be temporarily kept, including
a plan and description of the fencing that will be used to keep the goats on the
property.
(f) A plan to dispose of goat manure in a safe and adequate manner with removal of
waste within 24 hours.
(g) No more than 15 goats can be kept on the property. The number of goats allowed
per permit shall be determined based on the size of the area where goats will be
kept.
(6) No permit shall be issued until the City reviews the application and inspects the property
and determines that the applicant has complied with the requirements of this section.
(7) The applicant shall be the property owner or tenant with written consent of the property
owner.
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(8) Written permission from a homeowners' association, if applicable, or a statement by the
applicant that keeping goats on the property is consistent with any homeowners'
association bylaws or rules.
(9) The permit shall not be transferable.
(10) No permit shall be issued if the applicant is delinquent in paying of any taxes,
assessments, forfeitures, or fines for violations of City ordinances, utility bills, or other
claims owed to the City.
(11) The City of Hudson shall be exempt from the permit requirements of Hudson Code
§ 99-22 for the temporary keeping of goats on City park and other City-owned property
for the purpose of control of invasive species and other weed control purposes on
property owned by the City of Hudson.
[Added 3-12-2018 by Ord. No. 8-18]
D. Permit fee.
(1) Application and permit fee shall be in the amount established by City fee schedule. The
permit fee shall be $25 per permit. The fees may be changed by the motion of the
Common Council and shall be incorporated into the City fee schedule.
(2) Permit fees shall not be prorated or refundable.
E. (Reserved)
F. (Reserved)
G. Inspection and enforcement.
(1) The Hudson Police Department, Animal Control Officer, or their designees shall have the
power, whenever they may deem reasonably necessary, and consistent with the
requirements of statutory and constitutional law, to enter a building, structure, or property
related to a permit under this section to ascertain whether the license holder is in
compliance with this chapter. The above-listed departments may issue compliance
orders and citations pursuant to the provisions of this chapter, this code and state law.
(2) Violations of this chapter may constitute a public nuisance under Chapter 175 of this
Code,[2] or under W.S.A. Ch. 823.
[2]
Editor's Note: See Ch. 175, Nuisances.
(3) The City may revoke a permit at any time if the permittee does not follow the terms of the
permit or this section, or if the City finds that the permit holder had not maintained the
goats, fences, or outdoor enclosures in a clean and sanitary condition.
H. Other methods not excluded. The requirements and remedies provided under this section are
not exclusive and may be used in combination with each other or with any other section of this
Code or applicable state statute.
I. Severability. If any provision in this section, or portion thereof, is found to be unconstitutional
or otherwise invalid, the validity of the remaining sections shall not be affected.
J. Violations and penalties. Any person who violates the provisions of this section shall, upon
conviction thereof, forfeit not less than $50 nor more than $500 per day of violation, if
applicable, together with the costs of prosecution. Each day a violation exists is a separate
violation.
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TEMPORARY KEEPING OF GOATS APPLICATION FORM
Fee: $25 (per permit)
Applicant Information
First Name
Last Name
Phone
Street Address
City
State
Zip
Homeowner or Tenant ☐ Homeowner ☐ Tenant
** If you own a property within a Homeowner’s Association
you must submit a statement that the keeping of goats is
consistent with bylaws/rules of the Homeowner’s
Association.
Phone Number (best # to reach you at to pick up
permit)
Email Address
Company Providing Services (include contact information)
Description of property where goats will be kept (include site plan and type of fencing that will be
used and a plan for disposal of waste in this section):
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Type of Invasive Species of Weed Control Problem
Number of Goats Requested:
** Please note that no more than 15 goats may be kept on the property. The number of goats
allowed per permit shall be determined based on the size of the area where the goats will be kept.
PLEASE BE ADVISED THAT ALL APPLICATIONS WILL BE SUBMITTED TO THE CLERKS OFFICE FOR APPLICATION
SUFFICIENCY AND FORWARDED TO THE BUILDING INSPECTOR AND POLICE DEPARTMENT FOR
REVIEW/APPROVAL. ALL SECTIONS OF THE CHAPTER 99-22 OF THE CODE OF THE CITY OF HUDSON MUST
BE FOLLOWED.
ALL DELINQUENT TAXES, ASSESSMENTS, FORFEITURES OR FINES FOR VIOLATIONS OF CITY ORDINANCES,
UTILITY BILLS OR OTHER CLAIMS OWED TO THE CITY MUST BE PAID CURRENT PRIOR TO PERMITS BEING
ISSUED.
APPLICANT’S SIGNATURE
I hereby certify that the answers on this application are true and correct. I agree, in the consideration of
granting this permit, to comply with the laws of the Federal Government, State of Wisconsin and to the
provisions of the Municipal Code of Ordinances in the City of Hudson.
Signature
Date
Mail or bring completed form with payment (cash or check) to:
City of Hudson
505 Third Street
Hudson, WI 54016
FOR STAFF USE ONLY
Police Department Approval: Amount/Date Paid:
Building Inspection Approval: Permit #: Click or tap here to enter text.
Receipt #:
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